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Social media posts can be introduced into evidence if they are relevant to the case. They must be authenticated, which means if you introduce them, you must prove that the other party posted them. Typically, testimony that you’re familiar with the other parties’ social media posts or that you recognize the photographs of the other party would be sufficient.
People often share posts involving the use of drugs, alcohol, guns or other content that would call their parenting into question. These posts can be entered into evidence and can adversely affect someone’s custody or visitation case.
Infrequently, social media posts can have a positive impact on someone’s case, but more often than not, the impact is negative. The best strategy is to stay off social media entirely while your case is pending.
Old social media posts can come into play if a court decides they’re authentic and relevant. There is often a limit as to how far back the court will go, but there’s no hard and fast rule. It’s up to a judge or referee to decide if the posts are relevant to the best interests of the child.
Subpoenaing social media posts is difficult. You would have to subpoena the actual parent company, which is usually a big corporation. It will be even more challenging to subpoena a post if the corporation is outside of New York State. A judge has no subpoena power over a company located in another state or country.
The best way to deal with deleted posts is to screenshot them or otherwise preserve them if you think they’re going to be deleted. Once they are deleted, it isn’t easy to access them.
Once the case is pending, it looks suspicious if you delete posts. However, you could delete old social media posts, if there’s no proceeding going on and there are no court orders to preserve them. However, those orders aren’t typically entered in these kinds of cases.
If you think old social media posts may hurt your case, it’s probably a good idea to go through your social media and delete posts that would make someone think you might be a risk to the life, health or safety of the child or that the child would be better off in the other parents’ care.
In most cases, that’s a good idea. Generally, your friends and family can’t come into the case, unless you put them there, because their posts would be hearsay. However, these cases tend to be sensitive or private, and most clients don’t want information about them made public.
Most family law attorneys have some experience with social media and how it can come back to bite someone. Therefore, you can rely on their experience with these issues to decide what to do about your social media.
Most attorneys will advise you to stop posting on social media about the case, the child or anything that could impact the case. They may also give you advice about social media posts you could preserve and print out that could help your case. For these reasons, it’s always best to consult an attorney about the best strategy regarding social media and your case.
There have been cases where a client shared a post where they’re drunk, using drugs, holding a gun or engaging in otherwise questionable activities. There have also been cases where the client said they were in one place, and a social media post showed they were somewhere else.
Some parents post negative comments about the other parent, calling them names or threatening them. Those posts can be very harmful to your case. I always advise a client not to engage in that kind of online activity.
Because social media tends to hurt you in these cases, I tell clients not to post on social media and to take down old, inflammatory or otherwise legally harmful posts. In most cases, people know better than to share them, but it happens often enough that it’s worth warning clients.
For more information on social media’s impact on family court cases in Staten Island, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (347) 212-5945 today.
Call Now For A Free Consultation!
(347) 212-5945
We Have A Sliding Fee Scale!
Attorney Jeffrey W. Johnson is a skilled lawyer based in Staten Island, NY, who has helped countless clients just like you navigate the intricacies of family law. With more than 30 years of experience, he is prepared to counsel you on the impact your social media has on your custody case so you represent the best version of yourself.
Still have questions? Ready to get started? Contact Jeffrey W. Johnson today to schedule an initial consultation.
